DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No. 4648-20 Dear This is in reference to your application for correction of your naval record pursuant to Section 1552 of Title 10, United States Code. After careful and conscientious consideration of relevant portions of your naval record and your application, the Board for Correction of Naval Records (Board) found the evidence submitted insufficient to establish the existence of probable material error or injustice. Consequently, your application has been denied. A three-member panel of the Board, sitting in executive session, considered your application on 20 May 2021. The names and votes of the members of the panel will be furnished upon request. Your allegations of error and injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, relevant portions of your naval record and applicable statutes, regulations and policies, as well as the 9 June 2020 decision by the Marine Corps Performance Evaluation Review Board (PERB) (the PERB Decision), and the 28 January 2020 Advisory Opinion provided to the PERB by the Manpower Management Division Records & Performance Branch (MMRP-30) (the AO). The PERB Decision and the AO were provided to you on 12 June 2020, and you were given 30 days in which to submit a response. Although you were afforded an opportunity to submit a rebuttal, you did not do so. The Board carefully considered your request to remove your 2 February 2017 Administrative Remarks (Page 11) 6105 counseling entry and to remove your 3 May 2016 27 February 2017 fitness report. The Board considered your contentions that your Reporting Senior (RS) did not counsel you, either formally or informally, and that the Section I comments contradict the Page 11 counseling for alleged deficiencies. The Board, however, substantially concurred with the AO and the PERB Decision that the report is valid as written and filed, in accordance with the applicable Performance Evaluation Manual guidance. In this regard, the Board noted that your Reporting Senior specifically stated in Section I that you were given numerous opportunities to address the deficiencies listed in your formal counseling. Your Reviewing Officer also stated that your RS directly counseled you. Moreover, the Board determined that the Page 11 entry creates a permanent record of a matter your Commanding Officer deemed significant enough to document, and your evidence did not show otherwise. The Board also determined that the entry met the 6105 counseling requirements detailed in MCO 1900.16 (MARCORSEPMAN). Specifically, the Board noted that the entry provided written notification concerning your deficiencies, specific recommendations for corrective action indicating any assistance available, a comprehensive explanation of the consequences of failure to successfully take the recommended corrective action, and a reasonable opportunity to undertake the recommended corrective action. You were afforded the opportunity to rebut the counseling, and your rebuttal is filed with the counseling in your official military personnel file. The Board thus concluded that the Page 11 entry does not constitute probable material error or injustice warranting its removal from your Official Military Personnel File. You are entitled to have the Board reconsider its decision upon submission of new matters, which will require you to complete and submit a new DD Form 149. New matters are those not previously presented to or considered by the Board. In this regard, it is important to keep in mind that a presumption of regularity attaches to all official records. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable material error or injustice. Sincerely, 6/11/2021 Deputy Director